آرشیو

آرشیو شماره‌ها:
۵۶

چکیده

تخلفات ساختمانی به عنوان نقض قوانین و ضوابط شهری در توسعه کالبدی شهری تعریف می شود. این نوع تخلفات در کشورهای توسعه یافته به ندرت یافت می شود و بیشتر مربوط به پیشینه شهرسازی کشورهای درحال توسعه نظیر ایران است. اصفهان نیز به عنوان یکی از کلانشهرهای ایران به شکل های مختلف متأثر از این تخلفات است. در همین زمینه، این سؤال مطرح است که چه عوامل و عناصر یا بازیگرانی و هر یک به چه میزانی بر بروز تخلفات ساختمانی اثرگذار است؟ زیرا شناسایی این عوامل و عناصر به عنوان گامی اولیه در راستای حذف آنها یا کمک به بهبود وضعیتشان است. در همین راستا، پژوهش حاضر با هدف شناسایی عوامل زمینه ای و بازیگران مؤثر بر بروز تخلفات ساختمانی و تحلیل نقش هر یک از عوامل و تحلیل جایگاه ذی نفعان اصلی در بروز تخلفات تدوین شده است. در این مطالعه ۱۰۰ پرسشنامه در بین متخصصان و کارشناسان حوزه های شهری توزیع و داده های به دست آمده با روش تحلیل عاملی تأییدی به کمک مدل سازی معادله های ساختاری در نرم افزار Spss و Amos Graphic تحلیل شد. نتایج به دست آمده حاکی از آن است که عوامل مؤثر بر بروز تخلفات ساختمانی در شهر اصفهان به ترتیب شامل ضوابط و طرح های شهری، ضعف ها و مشکلات اقتصادی یا سودآور بودن تخلفات ساختمانی، اقدام ها و سیاست های مدیریت شهری، سیاست ها و برنامه های عمومی و عمرانی دولت است. مهم ترین بازیگران اثرگذار بر تخلفات ساختمانی نیز به ترتیب شامل سازمان نظام مهندسی و کنترل ساختمان، سازندگان، شهرداری و پلیس ساختمان، شهروندان و مراجع عالی نظارتی است.

Analysis of the Contextual Factors Influencing the Expansion of Construction Violations with an Emphasis on the Role and Position of Key Urban Stakeholders (Case Study: Isfahan Metropolis)

Building violations are defined as breaches of urban laws and regulations in urban development. These violations are less common in developed countries and are more pertinent to the urban planning literature of developing nations, such as Iran. Isfahan, one of Iran's major metropolises, is significantly affected by these violations in various ways. This raises the question: what factors, elements, and stakeholders influence the occurrence of these violations and to what extent does each contribute? Identifying these factors is a crucial first step toward addressing and mitigating these issues. This research aimed to identify the underlying factors and influential actors behind building violations, analyze the role of each factor, and examine the positions of key stakeholders involved. To achieve this, 100 questionnaires were distributed among specialists and experts in urban fields and the collected data were analyzed using Confirmatory Factor Analysis (CFA) with Structural Equation Modeling (SEM) in SPSS and Amos Graphics software. The results indicated that the factors influencing the occurrence of construction violations in Isfahan ranked in order of significance included urban regulations and plans, systemic weaknesses, economic challenges or profitability of violations, urban management actions and policies, and general government development policies. The main stakeholders influencing construction violations also ranked in order of significance were the Engineering System Organization and Building Control, builders, the municipality and building police, citizens, and high supervisory authorities.   Keywords: Urban Regulations, Stakeholders, Construction Regulations, Structural Equation Modeling (SEM), Isfahan.   Introduction In recent decades, the rise of construction violations has become a significant concern for residents and city managers alike. Factors like high construction costs, lengthy permit processes, citizens' reluctance to renovate, and inconsistencies in city hall policies have made these violations more justifiable in the eyes of the public (Pong et al., 2009, p. 18). This issue is particularly prevalent in developing countries. In Iran, urban planning regulations stipulate that property owners must obtain a construction permit and adhere to relevant rules and regulations for any building or physical modifications to their properties. To prevent violations, supervisory authorities, including monitoring engineers and building police, are tasked with reporting any infractions they observe during construction and halting unauthorized work. Despite these measures, many constructions are still carried out in ways that deviate from the specifications outlined in their permits. Alarmingly, statistics show that the number of building violation cases reported to the Article 100 Commission in a single year exceeds the number of building permits issued during that same period. Additionally, approximately 85% of municipal revenue in metropolitan areas derives from construction permits with over 15% attributable to building violations. This issue is not confined to low-income housing areas and cannot be solely attributed to economic hardship or a lack of public awareness. Effective management can play a crucial role in addressing these challenges. Consequently, this research sought to analyze the legal, managerial, cultural, social, economic, and structural factors influencing building violations, as well as the roles of various stakeholders in Isfahan, one of Iran's major metropolitan areas. The goal was to raise awareness and promote strategies to prevent urban construction violations.   Materials & Methods This research was applied in nature and employed a descriptive-analytical approach. With a quantitative perspective and using grounded and systems theories, the study aimed to identify and analyze the factors influencing the occurrence and development of building violations in the city of Isfahan, as well as the roles of various stakeholders. The statistical population for this research included experts in urban planning, the judiciary, the Engineering System Organization, the municipality, the Article 100 Commission, and the General Directorate of Roads and Urban Development in Isfahan. From this group, a convenient sample of 100 individuals was selected. Data were collected using a documentary-library method supplemented by questionnaires and interviews with professionals. The information was analyzed through Confirmatory Factor Analysis (CFA) using Structural Equation Modeling (SEM) in SPSS and Amos Graphics software. To ensure the accuracy and validity of the measurement tools, expert opinions were consulted and the reliability was assessed using Cronbach's alpha test. This test indicated a high correlation of over 0.7 for the variables in each dimension, reflecting a desirable level of reliability.   Research Findings The issue of illegal construction is predominantly associated with developing countries and Iran is no exception. This illegal development arises from various factors, including management issues, economic conditions, social and cultural aspects, and inadequacies of regulations and urban plans. Together, these elements contribute to urban development deviating from established, principled plans. The results from the factor analysis aimed at identifying the influences on building violations in Isfahan revealed the following insights across different dimensions: Urban Regulations and Plans: Key variables in this domain included: The focus of urban plans on physical dimensions with a factor loading of 0.918 The neglect of ownership characteristics of urban land with a factor loading of 0.782 The disregard for citizens' needs in urban planning with a factor loading of 0.616 The application of uniform patterns to the appearance and structure of the city across all areas and neighborhoods of Isfahan These factors collectively contributed to the shortcomings of urban plans. Other significant variables within this area also highlighted issues present in urban planning. Economic Variables: In this category, the added value of land in exchange for minimal penalty payments had a factor loading of 0.94, making violations financially attractive for builders, particularly land grabbers and real estate speculators, with a factor loading of 0.85. Additionally, the reduction in construction costs due to increased density had a factor loading of 0.77, marking it as a critical factor. Thus, the economic profitability for builders and real estate traders played a significant role in facilitating violations, indicating that personal interests heavily influenced the occurrence of construction violations in Isfahan. Notably, other variables in the model, aside from the financial incapacity of citizens to build, also exhibited favorable factor loadings. This suggested that poverty and low financial capacity were not primary drivers of these violations. Legal and Regulatory Deficiencies: Among the seven loading variables analyzed, the inconsistency between urban planning laws and other existing laws in the country emerged as the most significant factor in this dimension with a substantial factor loading of 0.834. Following closely, the lack of legal enforcement mechanisms to address construction violations with a factor loading of 0.805 played a crucial role in explaining the model. Other noteworthy variables included the inadequacy of penalties for offenders, which also carried considerable weight. However, the inflexibility of urban construction laws was not found to be significant; experts indicated that this variable did not contribute to the legal issues surrounding urban construction in Isfahan and was thus been excluded from the model. Government's Public and Civil Construction Policies and Programs: The results indicated that all variables in this dimension were significant, i.e., they all affected the government's policies and civil construction programs. Among these, the poor performance in public housing provision with a factor loading of 0.95 stood out as a critical issue. Additionally, the failure to implement systems to mitigate the impact of inflation on housing costs with a factor loading of 0.821 and the restrictions on bank credits for loans related to purchasing and building housing with a factor loading of 0.812 were identified as key factors contributing to the weaknesses in the government's public and civil construction initiatives. Social and Cultural Dimensions: In this aspect, social factors accounted for approximately 36% of the model, while cultural factors accounted for about 26%. Among the social variables, the need for employment among the young population with a factor loading of 0.85 and the necessity for shelter with a factor loading of 0.83 were particularly significant. In the cultural dimension, the variable representing individualism and neglect of community needs with a loading of 0.863 and the perception of defiance against regulations as an act of courage with a loading of 0.814 played the most significant roles in explaining the model. Urban Management Policies and Actions: In the realm of urban management, 9 variables were identified. Among these, the delay in demolishing illegal housing at the onset of construction with a factor loading of 0.88 and the non-compliance of housing standards with citizens' income levels with a factor loading of 0.87 had the most significant impacts. Additionally, the complexity and high costs associated with the building permit issuance process, which had a factor loading of 0.84, also played a crucial role. This lengthy permit process often forced individuals, who could not navigate it to resort to violating regulations. Urbanization Process: Within this dimension, migration of the population from villages and small towns to metropolitan areas with a factor loading of 0.97 was particularly significant in explaining the model. Following closely, the variables related to urban expansion and the incorporation of surrounding villages and lands into the city also with a factor loading of 0.97 contributed to this dynamic. Additionally, natural population growth—encompassing births, improvements in healthcare, and reduced mortality rates—had a factor loading of 0.74, further impacting the urbanization process.   Discussion of Results & Conclusion The results from the city of Isfahan indicated that urban regulations and plans with a factor loading of 0.72 were the primary cause of building violations. Following this, the economic factor with a factor loading of 0.70 significantly contributed to the occurrence of construction violations. Economic opportunism, the added value derived from exceeding building permit limits, and the existing rent-seeking behaviors had led to high levels of economic exploitation within the housing sector and urban construction. Another influential factor was the actions and policies of urban management, which carried a factor loading of 0.67. Additionally, government policies and public construction plans with a factor loading of 0.56 played a notable role in fostering building violations in Isfahan. Key weaknesses in these policies included the failure to consider low-income groups in urban planning and housing programs, restrictions on bank credits for loans related to purchasing and building housing, inadequate performance in public housing provision, and lack of systems to mitigate the impact of inflation on housing costs. The absence of robust legal and regulatory frameworks with a regression weight of 0.46 was identified as the 5<sup>th</sup> most influential factor contributing to building violations in Isfahan. Following this, sociocultural factors with a regression weight of 0.36 and urbanization process with a regression weight of 0.46 played lesser roles in these violations. Interestingly, while past trends indicated that incoming migrants contributed to undesirable construction due to family size, economic challenges, and regulatory noncompliance, their current influences on building violations in Isfahan were considerably less compared to other factors. Among the stakeholders, the roles of the Engineering System Organization and building control, as well as construction companies, were more significant than others. The municipality and building police also served as key executors, alongside citizens, the Article 100 Commission, and the Article 5 Commission.

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